KULDEEP SINGH Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) Through the medium of instant petition, filed under Section 561-A Cr.P.C, the petitioner seeks quashing of order dated 07th March, 2009 passed by the learned Chief Judicial Magistrate, Kathua in an application filed by the respondent No. 3 purportedly under Section 516 Cr. P.C titled, "Hardeep Kour Vs. State" for release of vehicle being Truck No. JK08A-5215, seized by the police of Police Station, Kathua in case FIR No. 15 of 2009 for the commission of offences under Sections 467, 468, 471, 420 and 109 RPC.

(2.) The petitioner has challenged the aforesaid order on the ground that he is the registered owner of the truck in question, therefore, it should have been released in his favour. The aforesaid order has not been passed as per law because there are two claimants, seeking the release of the truck, one is the registered owner, i.e., petitioner and the other is respondent No. 3, i.e., Hardeep Kour, who is claiming to have purchased the vehicle from the registered owner. The respondent No. 3 claims the ownership of truck on the basis of affidavit, sworn by the petitioner, wherein the said truck has been sold in favour of respondent No. 3. The Court below has not even appreciated the fact that the registered owner is only entitled to seek the vehicle, i.e., truck bearing Registration No. JK08A-5215.

(3.) Learned counsel for the petitioner while arguing the matter has placed reliance upon the judgment of the Hon'ble Supreme Court in case titled reported in Rajendra Parsad v state of Bihar, (2002) SCC(Criminal) 1034 as well the judgment of Punjab and Haryana High Court in case titled, reported in Naf Singh Vs. Devender Kumar, (2004) 1 RCR(Criminal) 987.